Compensation for Land Lost for

Protected Areas Management

The Tanzanian Experience

Kaleb L. Gamaya
Legal and Human Rights Centre
Dar es Salaam, Tanzania
 History of Land
 Land was owned communally until 1895
 The German Imperial Decree declared land
to be un-owned
 Land became the property of the empire
 The British continued the same
 Under the Governor Land Ordinance of
1923, land was vested to the governor on
behalf of the governor
– In all these powers, customary titles were
recognized.
 Land Titles
 Customary right of occupancy:
deemed right of occupancy for native
 Granted right of occupancy (freehold,
leasehold)
 For non-native, allocated by the
Governor through the Commission
 Land Classification/Land
Administration
 Settlement
– Urban lands (township ordinance)
– Rural lands (village land allocation)
 Agriculture
 Reserve Land
– Game Reserves
– National Parks
– Forests
– Mining Areas
 Land Acquisition Process
 Governor/President
– Land Acquisition Ordinance 118, Land
Acquisition Act 1967
 Opinions, National Assembly,
Gazetted
 Compensation
 Negotiation
– In case of dispute, 6 weeks to lodge
complaint in court
 Effects of Land Acquisition
 Customary Titles lost
 Allocated for public purposes, such
as protected areas
 Disturbing human interests

 Loss of human properties, such as

crops, livestock, and customary
settlement
 Impoverishment
 Experiences
 There has been land lost as a result of
protected areas
– Serengeti (negotiation)
– Mkomazi
– Kazimzumbwi
– Bulayanhulu
– Amani Nature Reserve

 Protected areas extension towards human

settlement
 Problems
 Government use of forced eviction
 No people’s participation in
negotiation
 No compensation
 Little is paid  Not Fair
 Delayed Compensation  Not
Promptly
 Given after wrangling in court  Not
Free
 Causes and Reasons
 Disregard of customary title
– Interests such as pastoralism,
traditional settlement, etc.
 Failure for the taking authority to
abide by the law
 Failure of our courts to recognize
human/conservation interests
 Politicizing compensation aspects
 The quest for development
 Lessons
 A balance of interests should be
considered
 Alternative settlements should be
allocated
– Grazing and agriculture
 Proper conservation is the one which pre-
supposes a situation free of conflict
between conservationists and human
beings
 The existing law is mostly violated by the
government itself
 Ways Forward
 Studies to asses the problems

 Advocatedfor change to balance

both human and conservation
interests